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Sunday, March 24, 2013

Section 306 IPC- found not guilty of the offence punishable under Section 306 IPC and were, accordingly, acquitted of the said offences. The appeal against the first respondent-accused No.1 is abated as died.= What is abetment is defined under Section 107 of Indian Penal Code. To constitute the offence of abetment under Section 107 IPC., there must be an intentional aiding or conspiracy or instigation by the accused for doing of a thing. All the material witnesses turned hostile and did not support the case of the prosecution. As such, Ex.P-9-dying declaration of the deceased only remains on record. There cannot be any dispute that once the dying declaration is found to be true, correct and trustworthy and it is not an outcome of tutoring, the law is well settled that it can be acted upon. A conviction can be based solely on the dying declaration. A statement given by a person either verbal or written given by a person as to the cause of his death or any one of the circumstances resulting in his death, is admissible in evidence when the cause of death of such person comes in question, per Section 32 (1) of the Indian Evidence Act, 1872. In Ex.P-9-dying declaration the deceased stated one word that due to the harassment of A-3, she committed suicide. But, she did not state as to the nature of harassment of A-3. She survived for about one month after the incident.

CRLA 288 / 2013

CRLASR 12741 / 2008

PETITIONER

RESPONDENT

THE STATE OF A.P, REP BY THE PP

VS

DUNNAPOTHULA SHANTHA (DIED) & 2 OTHERS

PET.ADV. : PUBLIC PROSECUTOR

RESP.ADV. :

SUBJECT: Other offences not covered above

DISTRICT: ADILABAD

HON'BLE SRI JUSTICE K.C.BHANU

Criminal Appeal (SR) No.12741 of 2008

JUDGMENT:

This Criminal Appeal under Section 378 (3) and (1) of the Code of Criminal Procedure, 1973, is directed against the judgment, dated 18.01.2007, passed in S.C.No.37 of 2003 on the file of Assistant Sessions Judge, Asifabad, whereunder and whereby the respondents-accused were found not guilty of the offence punishable under Section 306 IPC and were, accordingly, acquitted of the said offences. The appeal against the first respondent-accused No.1 is abated as died.

2. The brief facts of the case that are necessary for disposal of this Criminal Appeal may be stated as under: -

A-3 is the husband of the deceased. On 12.03.2002 at about 11 am., while the deceased was alone in house, in the absence of P.W-1 and A-3, she poured kerosene and set fire to herself. On seeing the same, one of the witnesses rushed to the spot and took her to the hospital of one Dr.Madhu. Thereafter, for better treatment, she was shifted to ESIHospital, where she was admitted for more than one month and was later discharged. On 16.04.2002, she died due to the unhealed injuries. On receipt of the information from the hospital, the Police registered a case on the complaint of P.W-1, investigated into the same and filed the charge sheet.

3. In order to substantiate the case, on behalf of the prosecution P.Ws.1 to 11 were examined and Exs.P-1 to P.10 were marked. On behalf of the accused, neither oral nor documentary evidence was adduced.

4. P.W-8-doctor who conducted autopsy on the dead body of the deceased opined that the deceased died as a result of septicemia due to secondary infection of the burn injuries.

Therefore, the death of the deceased is unnatural.

In that event,

the prosecution has to establish that due to the abetment of the accused, the deceased committed suicide.

What is abetment is defined under Section 107 of Indian Penal Code.

To constitute the offence of abetment under Section 107 IPC.,

there must be an intentional aiding or conspiracy or instigation by the accused for doing of a thing.

All the material witnesses turned hostile and did not support the case of the prosecution.

As such,

Ex.P-9-dying declaration of the deceased only remains on record.

There cannot be any dispute that once the dying declaration is found to be true, correct and trustworthy and it is not an outcome of tutoring, the law is well settled that it can be acted upon. A conviction can be based solely on the dying declaration.

A statement given by a person either verbal or written given by a person as to the cause of his death or any one of the circumstances resulting in his death, is admissible in evidence when the cause of death of such person comes in question,per Section 32 (1) of the Indian Evidence Act, 1872.

In Ex.P-9-dying declaration the deceased stated one word that due to the harassment of A-3, she committed suicide.

But, she did not state as to the nature of harassment of A-3.

She survived for about one month after the incident.

Because of lack of money the parents of the deceased could not take the deceased to a better hospital for further treatment.

Therefore, it cannot be said that the death of the deceased was only due to the harassment of A-2 and A-3.

In view of the aforesaid discussion, this Court does not find any grounds to set aside the impugned judgment.